Regular Town Board Meeting August 11, 2005

Supervisor Merrihew called the meeting called to order at 7:30 pm followed by the pledge to the flag.

Floor opened to any comments on the agenda.

George Lent - Duanesburg Rd. - Spoke of the construction of the pavilion at Shafer Park, is it going to be discussed in detail? Supervisor Merrihew - We certainly can. No other comments, floor closed.

Resolution #125-05- Councilmember Frisbee motioned, seconded by Councilmember Potter to approve the minutes of the June 21st public hearing. Motion carried 4 ayes. Councilmember Frisbee, Potter, Carlson and Supervisor Merrihew.

Resolution #126-05 - Councilmember Potter motioned, seconded by Councilmember Frisbee to approve the minutes of the July 14th regular meeting. Motion carried 4 ayes. Councilmember Potter, Frisbee, Carlson and Supervisor Merrihew.

Supervisor Merrihew read Clerks report for the month of July.
Local Shares Remitted $616.27
Non-Local Shares Remitted 204.01
State, County, & Local Revenues $820.28

Supervisor Merrihew read Supervisors report for the month of July: Monthly Statement of Supervisor

TO THE TOWN BOARD OF THE TOWN OF DUANESBURG, NEW YORK: Pursuant to Section 119 of Town Law, I hereby render the following statement of all money received and disbursed by this office during the month of July 2005.

REVENUES
FUND AMOUNT
GENERAL FUND $ 111,407.98
HIGHWAY FUND $ 12,249.69
FIRE PROTECTION $ -
PARK & RECREATION $ 12.46
PARKLANDS $ 20.03
SHAFER PARK $ 37.53
SERVICE AWARD $ 6.12
SEWER DISTRICT #1 $ 18.59
SEWER DISTRICT #2 $ 728,729.97 $852,482.37

DISBURSEMENTS
GENERAL FUND $ 55,149.13
HIGHWAY FUND $ 30,987.59
FIRE PROTECTION $ -
PARK & RECREATION $ -
PARKLANDS $ -
SHAFER PARK $ -
SERVICE AWARD $ 28,000.00
SEWER DISTRICT #1 $ 6,930.70
SEWER DISTRICT #2 $ 624,661.77

TOTAL $745,729.19

Dated: August 11, 2005 Supervisors Office Town of Duanesburg

Resolution #127-05- Councilmember Frisbee motioned, seconded by Councilmember Potter the payment of the following claims: 08/11/05 Vouchers to be Paid

Paid Before
Sewer District # 1 Voucher # 70 = $32.71
Sewer District # 2 Voucher # 49 = $9.98
General Fund Vouchers # A291 to #A297 = $ 23,147.96
Paid Before total = $23,190.65

Monthly Vouchers
Sewer District # 1 Vouchers # 71 to #77 = $7,751.31
Sewer District # 2 Voucher #50 to #54 = $252,882.59
General Fund Vouchers # A298 to A322 = $22,016.66
In-house Voucher #19 & #20 = $360.72
Highway Vouchers # M137 to M148 = $13,975.00

Total vouchers paid $296,986.28

Motion carried 4 ayes, Councilmember Frisbee, Potter, Carlson and Supervisor Merrihew.

Committee reports:

Highway -Councilmember Potter: Judith Lane used to be a one-way road and they have made it into a two-way road. It is going to be easier for the highway, especially in the winter months. They are going to chip seal it in the fall.

Public safety - Supervisor Merrihew: They had discussed Ed Houlihan possibly taking over the Mariaville Service award program again. He is from Pen Flex and she wasn't able to get in touch with him. Supervisor Merrihew and Council-member Carlson will meet with him and discuss our options and he would like to come and make a presentation at the agenda meeting and let everyone know what is going on at that point. Public Safety meetings start up next week the second Wednesday of the month.

Park -Peter Watrous, our park and recreation chairman is recovering from by pass surgery and is doing well. The summer program at Van Patten Park finishes up tomorrow. It was a pretty great program for those kids. They worked on themes for each week of the three weeks of the program. The swim program was a success and we had seventy (70) plus youngsters for each of the two weeks. We are continuing our work at Shafer Park. We are into the second big flower garden, we had donations from several local florists that were planted. Hopefully the wood chips will be spread tomorrow. They are working on the flower gardens at the entrance to the nature trail and are going to plant some donated shrubs, irises and mums in that garden. When they were digging Wednesday morning with the some of the women from the senior citizens they found this little lilac bush that was trying to grow and cleared the weeds around it. Next spring they are going to start on the other two gardens. Pop Warner started Saturday, there was a big crowd up there. Supervisor Merrihew added that when Jean says that they have been working at the park and doing these plantings etc., she does mean that she has been working at the park doing the planting.

Supervisor Merrihew reported on zoning - There is not much to report on zoning. The moratorium expires August 31st on major subdivisions. We have come a long way in the last six months we are not as far along as she expected. We will continue to work on the zoning ordinances.

Resolution #128-05 Councilmember Carlson offered the following resolution and moved for its adoption:

A RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT NO. 4 - PLUMBING FOR THE TOWN OF DUANESBURG MARIAVILLE LAKE SEWER DISTRICT NO. 2. WASTEWATER TREATMENT PLANT.

WHEREAS, Stephen Miller General Contractors Inc. has completed the work contained in their contract with the Town; and

WHEREAS, the contract contained an allowance item for unforeseen conditions in the amount of $1,000.00; and

WHEREAS, the allowance was not used and needs to be removed from the contract amount; and

WHEREAS, a Change Order was prepared by McDonald Engineering which provides for the decrease in Contract price; and

WHEREAS, the Change Order results in a new total contract amount of $16,116.00, and

WHEREAS, the $1,000.00 will be returned to the project contingency line item of the overall project budget;

THEREFORE BE IT RESOLVED that Supervisor Merrihew be and she hereby is authorized to sign Change Order No. 1 dated May 23, 2005, to Contract No. 4 - Plumbing.

Motion seconded by -Councilmember Frisbee -and adopted by the following vote:

I, Leah M. Lennon, Town Clerk, Town of Duanesburg, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Duanesburg at a meeting held on Thursday, August 11, 2005.

Dated: August 11, 2005 Leah M. Lennon, Town Clerk Town of Duanesburg

RESOLUTION #129-05 Councilmember Potter__________ offered the following resolution and moved for its adoption:

A RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO CONTRACT NO. 2 - ELECTRICAL FOR THE TOWN OF DUANESBURG MARIAVILE LAKE SEWER DISTRICT NO. 2 SEWAGE COLLECTION SYSTEM.

WHEREAS, A revised collection system design required the installation of additional residential grinder pumps under Contract No. 1 - General Construction, and

WHEREAS, Contract No. 2 - Electrical is required to wire these additional grinder pumps, and

WHEREAS, Contract No. 2 will require a time extension as Contract No. 1 has already been granted an extension, and

WHEREAS, a Change Order was prepared by McDonald Engineering which provides for the increase in contract price and contract times, and

WHEREAS, the Change Order results in a new total contract amount of $163,500.00, and new substantial completion date of September 4, 2005, and

WHEREAS, there are sufficient funds in the project contingencies to cover this cost increase,

THEREFORE BE IT RESOLVED, that Supervisor Merrihew be and she hereby is authorized to sign Change Order No. 1, dated July 11, 2005 to Contract No. 2 - Electrical.

Motion seconded by Councilmember Frisbee and adopted by the following vote:

I, Leah M. Lennon, Town Clerk, Town of Duanesburg, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Duanesburg at a meeting held on Thursday, August 11, 2005.

Dated: August 11, 2005 Leah M. Lennon, Town Clerk Town of Duanesburg

RESOLUTION #130-05

Councilmember Potter offered the following resolution and moved for its adoption:

A RESOLUTION IN CONNECTION WITH AWARDING A BID FOR CONTRACT NO. 8 - TRAILER MOUNTED ELECTRIC GENERATOR SET FOR THE MARIAVILLE LAKE SEWER DISTRICT NO. 2 SEWAGE COLLECTION SYSTEM

WHEREAS, pursuant to notice duly published according to Section 103 of the General Municipal Law of the State of New York, bid proposals for Contract No. 8, Trailer Mounted electric Generator Set, were publicly opened and read aloud on the 4th day of August 2005, with the following results:

Contractor Bid Amount
Kinsley Power System $17,925
Cummins Northeast $27,165
F & E Brandl $39,572

WHEREAS, John M. McDonald Engineering, P.C., the engineering firm in charge of the proposed project on behalf of the Town of Duanesburg, recommends that Kinsley Power Systems, Inc., 63 Railroad Avenue, Albany, NY 12205, be approved as the lowest, most responsible bidder;

NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Duanesburg, Schenectady, County, New York as follows:

SECTION 1: hereby accept and award Contract No. 8 - Trailer Mounted Electric Generator Set in the amount of seventeen thousand nine hundred twenty-five and 00/100 ($17,925.00) dollars for furnishing all work, labor and materials in connection with the Trailer Mounted Electric Generator Set for the bid proposal as submitted.

SECTION 2: Contingent upon the concurrence of the USDA Rural Development - Rural Utility Service and NYS Environmental Facilities Corporation with the acceptance and the award of the bid pursuant to this resolution, the Supervisor is authorized to enter into a contract with Kinsley Power Systems, Inc. in accordance with terms of the bid proposal

SECTION 3: Pursuant to the award of the contract by the Board to Kinsley Power Systems, Inc. upon the concurrence of the USDA Rural Development - Rural Utility Service and NYS Environmental Facilities Corporation with the adoption and the award of the bid, Town Engineer, John M. McDonald Engineering, P.C. is hereby authorized and directed to take appropriate steps to implement the contract award.

Seconded by Councilmember Carlson and adopted by the following vote:
Rene?? Merrihew, Supervisor VOTING: Aye
James F. Pneuman, Council Member VOTING: Absent
Francis R. Potter, Council Member VOTING: Aye
Philip Carlson, Council Member VOTING: Aye
Jean Frisbee, Council Member VOTING: Aye

I, Leah M. Lennon, Town Clerk, Town of Duanesburg, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Duanesburg at a meeting held on Thursday, August 11, 2005.

Dated: August 11, 2005

Leah M. Lennon, Town Clerk Town of Duanesburg

RESOLUTION #131-05

-Councilmember Frisbee offered the following resolution and moved for its adoption:

A RESOLUTION AUTHORIZING CHANGE ORDER NO. 4 TO CONTRACT NO. 1 - GENERAL CONSTRUCTION FOR THE TOWN OF DUANESBURG MARIAVILLE LAKE SEWER DISTRICT NO. 2. SANITARY SEWER COLLECTION SYSTEM.

WHEREAS, Cranbrook Construction, the general contractor that was awarded Contract No. 1 - General Construction by the Town Board, has been authorized to perform additional work outside of the contract scope: and

WHEREAS, Cranbrook Construction provided price quotes for the work and McDonald Engineering and USDA/RD agreed to the price prior to the extra work being performed; and

WHEREAS, the Change Order was prepared by McDonald Engineering which provides for the cost of the extra work items approved to date to be charged under the Contract allowance items; and

WHEREAS,, the Change Order results in no change to the total contract amount of $3,966,877.41; as the cost of the work is less than the allowance item total; and; therefore

BE IT RESOLVED that Supervisor Merrihew be and she hereby is authorized to sign Change Order No. 4 dated July 8, 2005, to Contract No. 1 - General Construction.

Motion seconded by Councilmember Carlson and adopted by the following vote:

I, Leah M. Lennon, Town Clerk, Town of Duanesburg, Schenectady County, New York, do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of the Town of Duanesburg at a meeting held on Thursday, August 11, 2005.

Dated: August 11, 2005 Leah Lennon, Town Clerk Town of Duanesburg

Resolution #132-05 - Councilmember Carlson motioned, seconded by Councilmember Potter to authorize the Supervisor to advertise for bids to maintain and operate Sewer District No. 1 Waste Water Treatment Plant. Motion carried 4 ayes, Councilmember Carlson, Potter, Frisbee and Supervisor Merrihew.

Resolution #133-05 - Councilmember Frisbee motioned, seconded by Councilmember Potter to award the bid for construction of a pavilion at Shafer Park to Advantage Builders at a cost of $19,845.00. Motion carried 4 ayes, Councilmember Frisbee, Potter, Carlson and Supervisor Merrihew.

For discussion: Supervisor Merrihew explained we applied to New York State Park and Recreation for a substantial grant to build a pavilion as well as rest rooms and a storage area at Shafer Park. George Lent spoke of the Mott Road community center moving to Shafer Park. The paper stated they needed $100,000.00 more to put in a swimming pool and wanted to know where they were going to get the extra money. Supervisor Merrihew explained the town has nothing to do with community center business. They had gotten a grant from New York State to build their community center.

George Lent understands they were going to give up the facility on Mott Road and move up there and build a swimming pool and building at Shafer Park. Supervisor Merrihew explained it is a totally separate entity and is on Cole Road.

Resolution #134-05 - Councilmember Potter motioned, seconded by Councilmember Frisbee to charge a $40.00 deposit for keys taken to open the shed at Van Patten Mill Park. The $40.00 will be returned upon return of the key. Motion carried 4 Ayes Councilmember Potter, Frisbee, Carlson and Supervisor Merrihew. Councilmember Frisbee explained the reason for the resolution. Van Patten Park has a shed that has access to water and anything else that is stored there. People reserve the park for family parties or whatever and we would give them a key. We lost a few keys, people did not return them said they were lost. We replaced the lock in the door and we are now going to charge a deposit.

Supervisor Merrihew announced the Pop Warner opening day is at Shafer Park on August 20th.

Privilege of the floor opened at 8:00pm.

Supervisor Merrihew: In response to George's earlier comments. We applied for a grant to New York State Park and Recreation in early January to build a pavilion and rest rooms at Shafer Park. We were not awarded that grant. We also applied to Iroquois Gas Transmission lines who have given us grant money for the park before. They graciously allowed us $15,000.00 with the agreement that the pavilion was separate from the restrooms and storage facility. When we received the bids back for the first round, for the pavilion alone it was roughly $39,000.00. We did not have enough money so we quickly sent off letters to Senator Farley and some others and back to Iroquois.

She thanked Senator Farley's office for providing us at the last minute another $12,500.00 for improvements at Shafer Park. So we will have money to get the pavilion at no cost and will have some money left over to do other improvements that need to be done at the park. So anything to do with pools or the community center is not our concern.

George Lent - The way he read it is that the people who run the Mott Road facility were going to have a swimming pool and a building at Shafer Park.

Supervisor Merrihew - The facility that they are talking about is at the corner of Cole Road and 395 and is not at Shafer Park, it is not town business at all.

George Lent - Asked how many people go to Van Patten Park? Supervisor Merrihew -It is used quite heavily in the spring with little leaguers and is utilized.

Councilmember Frisbee - A lot of people reserve it

George Lent - Asked of the sixteen lot subdivision, where are they? Councilmember Carlson -There is one on Knight Road and thinks that is 13 and there is one on Depot Road and that is 13 also.

Supervisor Merrihew welcomed County Legislators Judy Dagostino and Joe Suhrada.

Joe Suhrada - Spoke of the new emergency management coordinator.

Judy Dagostino - Spoke of the wireless emergency 911 system, with that will come a GIS tracking system. Spoke of the Duanesburg and Princetown History Book. It is awesome.

Joe Suhrada - Commented on calling 911 with the use of cell phones. Some people are turning off their home phones because they are using cell phones. The GPS system doesn't always pick up the cell phone. Don't count on cell phones for satellite beam to work.

Walt Deay - Duanesburg Church Road - Thanked the supervisor for getting that trailer removed. Asked if she was going to work on the other side of the road?

Supervisor Merrihew - We are hiring help for our building inspector. By next meeting we should have someone in place to help Dale.

No other comments Councilmember Carlson motioned seconded by Councilmember Potter to adjourn at 8:10 pm, all in favor.

I, Leah M. Lennon, Town Clerk of the Town of Duanesburg do hereby certify that this is a true and accurate transcript of the regular town board meeting held on Thursday August 12, 2005.